33 U.S.C. § 523 — Relocation of bridges

Page 112 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 523 Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 11805(c), struck out ‘‘, except to the extent provided in this section’’ before period at end. Pub. L. 117–263, § 11805(a), reinstated section 12(a) of the act of June 21, 1940, as it appeared before repeal by Pub. L. 116–283, and redesignated it as the sole text of section 12. 2021—Pub. L. 116–283 repealed this section. Text of subsec. (a) was reinstated by Pub. L. 117–263 and redes- ignated as text of entire section. See above. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. K, title CXVIII, § 11805(b), Dec. 23, 2022, 136 Stat. 4165, provided that: ‘‘The provision rein- stated under subsection (a) [this section] shall be treat- ed as if such section 8507(b) [of Pub. L. 116–283, which had repealed this section] had never taken effect.’’ § 523. Relocation of bridges If the owner of any bridge and the Secretary shall agree that in order to remove an obstruc- tion to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be pref- erable to an alteration of the existing bridge, such relocation or new construction may be car- ried out at such new site and upon such terms as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, sta- tions, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad con- nection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is pro- vided for in section 516 of this title in the case of an alteration and the share of the United States paid from the appropriation authorized in section 518 of this title: Provided, That nothing in this section shall be construed as requiring the United States to pay any part of the expense of building any bridge across a navigable stream which the Secretary of the department in which the Coast Guard is operating shall not find to be, in fact, a relocation of an existing bridge. (June 21, 1940, ch. 409, § 13, 54 Stat. 502; July 16, 1952, ch. 889, § 4, 66 Stat. 733; Pub. L. 97–449, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, § 306(b)(4)(D), Feb. 8, 2016, 130 Stat. 55.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–120 substituted ‘‘Secretary of the de- partment in which the Coast Guard is operating’’ for ‘‘Secretary of Transportation’’. 1983—Pub. L. 97–449 substituted ‘‘Secretary of Trans- portation’’ for ‘‘Secretary of War’’. See Transfer of Functions note below. 1952—Act July 16, 1952, struck out ‘‘used for railroad traffic’’ after ‘‘owner of any bridge’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Section 6(g)(3) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating to obstructive bridges under this subchapter to Secretary of Transpor- tation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89–670, and repealed section 6(g)(3). § 524. Applicability of administrative procedure provisions In the administration of this Act, hearings and other procedures shall be exempted from the provisions of subchapter II of chapter 5, and chapter 7, of title 5, except as to the require- ments of section 552 of title 5. (July 16, 1952, ch. 889, § 3, 66 Stat. 733.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act July 16, 1952, ch. 889, 66 Stat. 732, which enacted this section and amend- ed sections 511, 516, and 523 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was not enacted as part of act June 21, 1940, ch. 409, 54 Stat. 497, which comprises this subchapter. ‘‘Subchapter II of chapter 5, and chapter 7, of title 5’’ and ‘‘section 552 of title 5’’ substituted in text for ‘‘the Administrative Procedure Act (60 Stat. 237)’’ and ‘‘sec- tion 3 thereof’’, respectively, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. SUBCHAPTER III—GENERAL BRIDGE AUTHORITY § 525. Construction and operation of bridges (a) Consent of Congress The consent of Congress is granted for the con- struction, maintenance, and operation of bridges and approaches thereto over the navigable wa- ters of the United States, in accordance with the provisions of this subchapter. (b) Approval of plans The location and plans for such bridges shall be approved by the Secretary of the department in which the Coast Guard is operating before construction is commenced, and, in approving the location and plans of any bridge, the Sec- retary may impose any specific conditions relat- ing to the maintenance and operation of the structure which the Secretary may deem nec- essary in the interest of public navigation, and the conditions so imposed shall have the force of law. This subsection shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign com- merce. (c) Private highway toll bridges Notwithstanding the provisions of subsections (a) and (b), it shall be unlawful to construct or commence the construction of any privately owned highway toll bridge until the location and plans thereof shall also have been submitted to and approved by the highway department or departments of the State or States in which the